WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, February 11, 2013

ON THE ROAD

Many years ago we came to a decision to avoid cases out of town. (Of course within six months of carrying a trial bag we vowed to avoid Broward, but that's another kettle of cow dung altogether.) Having made that decision, we promptly began to be hired on cases in Boston, Washington D.C., NYC and Seattle, to name a few places. A review of those cases leads us to the conclusion that it is usually not advantageous to either the client or the attorney to handle cases in foreign places. We are speaking for the moment mostly about State court cases. In federal courts, cases, policies and procedures have become more uniform and it has become easier to handle those cases in other jurisdictions. But even in federal court, when it comes to criminal prosecutions, every jurisdiction has their own peccadilloes. Often the client is best served by local counsel who can provide the inside tips on what it takes to get a safety-valve plea or how a judge conducts voire-dire. The only advantage we can think of in cases out of town is where the client is local, it is easier for both parties to meet, review discovery, and discuss strategy. But, as is the case lately, if the client is incarcerated, the burdens on the lawyer representing a client out of town become even more severe. In the best of circumstances none of us relish a Friday evening or Saturday morning trip to FDC or Metro West. Catching a Southwest Flight on a Thursday night to squeeze in a jail visit Friday and a return flight Friday night is hardly our idea of fun. So what are your best and worst experiences with cases out of town? And do you agree with our proposition that on average clients are better served with local counsel? Closer to home, the new judicial rotations have now been fully implemented. Judges Pooler, De la O and Verde, to name three, are now putting their personal imprimatur on cases in their divisions. What's the early reviews? Any obvious cases of "robe-itis" with any of the new Judges?Meanwhile Judges Arzola, Bloom and Cueto (the ABC's?) are dipping their toes in summary judgement motions and complaints over interrogatories and other such foolishness from attorneys whose biggest litigation accomplishment is taking a depo by themselves.

Winter is in full swing in South Florida. Pool use is limited to those hours in the afternoon when the sun is strongest. Hang on Floridians, it will get better soon.

Pope To Resign!The BBC broke this story here. Nothing we like better than a good Vatican mystery followed by a Conclave of Cardinals. Intrigue. Power. Back room deals. All followed by white smoke. Enjoy the week. See You In Court.

During an event at the Hamptons Film Festival, Sarandon said she had sent a copy of the book “Dead Man Walking” in hopes that the late Pope John Paul II would elevate the issue of the death penalty in church teaching. According to reports, Sarandon said she sent the book to “The last [pope]. Not this Nazi one we have now.”

Like many of his contemporaries, Pope Benedict, then Joseph Ratzinger, was unwillingly drafted into the Hitler Youth during his time growing up in World War II Germany. In 2009, National Catholic Reporter journalist John Allen Jr. explained the specifics of the pope’s relationship with the Hitler Youth and Nazi Germany:

The historical evidence is overwhelming that Joseph Ratzinger’s family was ferociously anti-Nazi, and that the future pope was appalled by the arrogance and destructiveness of National Socialism. He was never a Nazi party member, entered an auxiliary unit of the German army only when forced to do so, and deserted before war’s end. He was an American prisoner of war in a camp near Ulm, Germany, before being released and returning to his seminary studies.Nonetheless, it is a fact of his biography that Ratzinger was once, albeit briefly and involuntarily, enrolled as a member of the Hitler Youth.The Anti-Defamation League called Sarandon’s ‘Nazi’ comments “disturbing, deeply offensive and completely uncalled for”

Yeah, so what if the Pope, for a short period of time and without his knowledge(?) was a Nazi. It doesn't mean a thing and nobody should ever mention it again. This is right in line with the "write our own history" doctrine of the Roman Catholic churck.

The TRIALMASTER handles gladly alot of out of town cases in NY, NJ,Cal,Ga, La, Ky among others. The TRIALMASTER enjoys going into other districts and trying cases. The TRIALMASTER charges fees that make up for the inconvenience."a reaonable fee for a reasonable doubt".

One need only look at the last year or two of John Paul II's papacy to see how much pressure is put on the Pontiff to forge on, even as his health completely disintegrates. The fact that Benedict is stepping aside only speaks to his humility and his recognition that the job is bigger than his ego. For this, he gets DS calling him names and speculating groundlessly about being "forced out".

As a former PD, the thing I liked best about PD culture was that it cultivated a deep sense of this humility, and a belief that all judgment should be held in abeyance while a faith in someone's goodness prevails -- unless proven BRD otherwise.

Im still waiting for DS to demonstrate that his decades at the PDO has had an effect in this regard. Meanwhile, he won't miss an opportunity to trumpet his promotion into ROC, oblivious to the reality that it is likely due to a complete dearth of candidates. When DS is a mouthpiece for the PDO, times are tough.

On that note, the latest announcement of new SSAs are just another reminder that the office has no one well positioned for the future. When the next round of baby boomer retirement hits (Rory, Guy, Luc, Marie, Oliver, Kramer, Young, etc), and the bench or RCA calls for Coppel or Hellman, who's going to be running the show over there? A handful of PDs making 50k.

I TOTALLY AGREE THAT WHENEVER IN A FOREIGN JURISDICTION, IT IS BEST TO ASSOCIATE LOCAL COUNSEL. I ALWAYS LOOK AROUND FOR, NOT PARTICULARLY THE ATTY WITH THE "BEST REPUTATION", BUT FOR THE ATTY WHO IS CLOSEST TO THE JUDGE. THAT ATTY KNOWS HOW TO FASHION CERTAIN MOTIONS, ETC., WHICH ARE MOST LIKELY TO APPEAL TO THE SITTING JUDGE. IT DOESN'T MEAN THAT YOU'LL HAVE A CAKEWALK, BUT WHEN YOUR CLIENT IS GETTING HAMMERED, IT WILL BE DONE WITH A RUBBER MALLET INSTEAD OF A BALL PEEN HAMMER.

Not a DS defender, but I don't think he is bragging about being in ROC court. ROC use to be somewhere they sent people for punishment. DS went there for that purpose as well. It just so turned out that ROC court is way better than division. I would much rather have all my clients facing a life min/man. At least that way I know it is trial or bust.

But the DS bashing should stop now. He is a good guy just talks a little too much out his ass before thinking. Give the guy a break.

Unless you are an attorney of national repute--a la Roy Black--which most of us (including the Trialmaster) aren't, better to let a client use local counsel. Obviously, in a big case requiring more than one attorney, I'm happy to affiliate with local counsel, but will let him/her call most of the shots.

The Pope was head of the Churches Sexual Abuse Investigations . He Denied and Delayed . He had Priests moved . He Hid evidence of repeated episodes of Sexual abuse of children in the name protecting the Church.

I have taken many cases out of town and , usually, it's a very rewarding experience.

It is always necessary to utilize local counsel. There is no doubt that local counsel has the edge when knowing the nuances of the jurisdiction however, if the client is from South Florida, the easy access to their lawyer means more to them then lack of familiarity and proximity to the jurisdiction. A good lawyer should be able to easily segue into another jurisdiction. I also find that judges enjoy seeing fresh and different counsel AS LONG AS YOU MAINTAIN THE UTMOST IN PROFESSIONALISM.

Trying a case however is another situation since effective voir dire is difficult when you don't have a feel for the locale.

Only place I was ever "home towned" was in Palm Bay.

Terrific jurisdictions were Federal Courts in Detroit. Norfolk, Virginia, Central DIst of Los Angeles, New Orleans, Middle Dist of Florida, Chicago and Phoenix, Manhattan (also State Court was a pleasure).

Ironically, I have found that the more rural the jurisdiction, the easier it is to practice since being a lawyer is better regarded then in South Florida.

Usually, lawyers that have a rough time create their own problems when they disrespect and take for granted the foreign jurisdiction that they enter.

Seriously, Scott? You mean you don't wear jeans and t-shirts outside of Dade? You're not sarcastic and rude outside of Dade? You are extremely disrespectful in your own house. Judges here find you extremely disrespectful.

The Vatican and the Pope isn't about Christ. It's about power. It's about freedom to abuse with no fear of retribution. Yet the Vatican have us believe, 'it's only a few who do this' as if that's an excuse. No. In fact it goes unpunished by the same priests who are in league with these pedophiles.

When will the victims get their justice? There is a power more powerful than their G-d its called the Law enforceable by the police! Hypocritical holier than thou bunch of child molesting criminals root to branch! Irresponsible to the point of condoning mass murder by denying Aids sufferers condoms. These people,who are not a minority,are heavily guilty but alas they will just confess, bless themselves and absolve themselves completely guilt free.

Hey 12:41 "I mean no disrespect in saying this . . ." Yeah, let anyone have the temerity to say similar things about the Tribe and see how well it's received by you and the others who think you run this town. Rumpole, can we talk about Jews the way 12:41 talks about Catholics, or is that taboo?

The Catholic Church has been involved in more sex abuse scandals than any other religion. The Catholic Church has also covered up much more than sexual abuse over the years; this is the only religion, set up like a country with ambassadors and diplomats. They hide behind diplomatic immunity, shelter ordained pedophiles, yet people continue sending their children to them. The Pope is out of touch with his own reality. Not only is the pope’s domain a capitalist blueprint, they live above the "masses." The Vatican has its own police force and laws, and they practically govern themselves and have“Godly exemptions.”

Ahem, May it please the blog. The state of the Shumie is sound. Website traffic is up. Podcast downloads are at an all time high. And across the country we have reports of thousands of people taking off from work earlier and making more money, As we say in shumie "work smarter, not harder."

How do I know he's Jewish? Cause I'm educated jackass. And he gives it away in his post. Look at how he spells God. It's a Hebrew thing. Do a little research, if you aren't cultured enough to know it. Plus, the arrogance and self-centeredness of the post makes it even more obvious.

There is such an undercurrent of anti-hispanic and anti-catholic hatred on this blog, which of course is only a manifestation of what these weasels in our legal community think, but are too cowardly to say openly.

I posted the comment at 12:41 and wrote no disrespect to Catholics in case there were readers of this blog who hold him in high regards. Many religions have a holy figure where people of that faith will worship and respect. Take for instance the Dalai Lama. I'm not a Buddhist but I respect his teachings and all he stands for. The Dalai Lama believes that the purpose of life is happiness. As for the Pope, 3:08 nailed it with their comment.

Geez, thanks for that 10:56. You might be right, except that if you actually read the posts, they are almost entirely about the Catholic Church and how bad it is. Both posts are blanket and bigoted statements. The Catholic Church isn’t undeserving of some criticism, for sure. But the broad brush and vitriol of the posts make them bigoted, no matter how much you try to defend them.

There are plenty of toxic and disgusting things that Jews have done and continue to do. It would be sacrilegious to talk about them in the same way, not to mention bigoted and undeserving to paint all Jews with as broad a brush. Which is why I think it’s the Chutzpah of the posts that gets me because – and really this was my only point – say something even remotely similar about the Yids -- no matter how grounded in the truth it may be -- and out comes the manufactured outrage and the chants of anti-semitism, all to the tune of the overplayed, worn-out victimhood violin.

If the Vatican has a criminal justice system and jail cells, Why didn't they use them to try the priests who abuse children, and the bishops and cardinals who covered up the abuse? Could it be because in the eyes of the Catholic Church, the sodomy of young boys is not a crime?

All of the Catholics (and non-Catholics too) defending this Pope should check out John Cassidy's comments in the New Yorker ("Pope Benedict's Disastrous Reign") to see how he managed to drag back the Catholic Church even further into the Dark Ages.

12:28, Dark ages is putting it mildly. The Pope needs to understand there are health aspects to reproductive choices that many women must take into account, and that's between the woman and her doctor/health professional. For example, some women use birth control for health reasons unrelated to pregnancy (i.e., oral contraceptives to help control bad menses). And some women really need to prevent pregnancy to protect their health.

How can anyone condone an institution that allows nationwide and I am certain, worldwide, rape and abuse of children?